Babies can suffer all manner of injuries in the process of being born, but when a medical professional displays negligence, there can be serious health consequences that impact the child for the rest of their life. These are birth injuries for which you may be able to begin a personal injury claim. But how common are birth injuries?
Defining Birth Injuries
A birth injury is harm a newborn sustains during the labor or delivery process, or immediately afterward. They are different from birth defects, however, which are issues present at birth that occur because of abnormalities during fetal development.
A birth injury is not always the result of medical negligence. Sometimes, it’s impossible to prevent these types of damage. If, however, the medical provider offered care that fell below the established and expected standard and it resulted in harm, it’s possible to begin a medical malpractice claim.
How Common Are Birth Injuries in the Country?
Birth injuries occur in up to 31.1 cases per 1,000 hospital births. They range in severity, with a majority resolving within weeks of the birth. Others, however, can leave a child with lifelong disabilities.
Most Common Types of Birth Injuries
Some of the most common types of birth injuries are brachial plexus injuries, including Erb’s palsy. This is a muscle weakness in the arm or shoulder that occurs if there was damage done to the baby’s brachial plexus during labor and delivery.
Bone fractures can also occur if the medical provider uses too much force. Cerebral palsy is another serious concern. It’s a movement disorder that occurs when there’s damage to the areas of the brain that control movement. It’s one of the main causes of childhood disability.
Babies can also experience Bell’s palsy. This results from facial nerve damage that happens when there’s too much pressure on these nerves during delivery. It’s most common when a doctor uses forceps.
One of the most serious birth injuries is oxygen deprivation. It can lead to a variety of issues, including brain damage. Unfortunately, it’s also a very common problem, especially if a doctor isn’t monitoring the baby’s vital signs closely enough.
How Medical Negligence Can Cause Preventable Birth Injuries
Medical negligence occurs when a healthcare provider doesn’t offer the standard level of care. When dealing with birth injuries, a serious issue is professionals who delay ordering C-sections. This puts both the mother and baby at risk.
The baby can suffer oxygen deprivation because the delay causes a restriction of air flow. The mother could experience infections and excessive bleeding. Typically, the delay occurs when the doctor doesn’t notice fetal distress or doesn’t accurately diagnose a maternal complication.
Another form of medical malpractice that could cause birth injuries is the improper use of forceps and other similar devices. When the infant is struggling during the delivery, doctors sometimes turn to vacuum extractors or forceps to help them. If they don’t use these devices correctly, however, they can cause severe injuries.
Not monitoring the baby for signs of distress is a common issue that can result in all manner of birth injuries. This is one of the most frequent types of medical negligence.
Florida’s NICA Program
To address the serious consequences of birth injuries, Florida formed the Birth-Related Neurological Injury Compensation Association (NICA). This is a program designed to provide compensation as well as care for infants who suffer neurological injuries during birth. Families can choose this option instead of pursuing a medical malpractice suit.
Eligibility is narrow, however, and your child must have sustained particular types of neurological harm. Not all babies will meet the requirements, making a personal injury claim the better option for most families.
Recognizing Birth Injuries
Because a baby is not able to communicate, recognizing birth injuries isn’t always simple. Some of the signs to watch for include:
- Abnormal muscle tone
- Skin discoloration
- Excessive drooling
- Bruises
- Unusual movements
- Weak or absent reflexes
- Excessive cries
- Seizures
- Feeding problems
- Developmental delays
Noticing any of these signs requires an emergency appointment with a doctor. The sooner you can get a diagnosis, the sooner your baby can start getting the care they need.
Understanding Your Legal Options
For the majority of families, the right option after realizing their child suffered a birth injury is to file a personal injury claim. This requires proving that medical malpractice occurred. If another medical provider would not have made the same errors that led to your child’s injury, you may be entitled to start the lawsuit.
One of the challenges these cases pose is the need for an affidavit of merit from another medical professional in the same field as the defendant. This affidavit helps establish that there are grounds for you to begin legal action.
Your attorney can assist you not only in getting that affidavit but in gathering all other pertinent evidence that will help prove your claim. They also know how to negotiate with insurance companies so that you can obtain the compensation you deserve.
FAQ
What Is the Statute of Limitations for Medical Malpractice Claims in Florida?
In Florida, you typically have two years from the date of the injury. If you don’t notice the injury until later, the clock can start running from the moment you do.
What Compensation Can I Receive?
You can receive compensation to cover medical expenses, lost wages if you need to stop working to care for your injured child, and pain and suffering.
Will My Birth Injury Case Go to Court?
In most instances, your lawyer will fight for a settlement so that you can avoid going to court.
Contact Florida Birth Injury Lawyers for Help
If your child suffered a birth injury as a result of medical negligence, help is available. At Ratzan Weissman & Boldt, we provide the compassionate and tenacious assistance your family needs. Contact us for a free case assessment.